03-28-2006 PC MIN - SPECIAL
SPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, MARCH 28, 2006
Members Present: Chair Lemke, Commissioners Anderson, Offerman, Ropp, Scott, Stevens
and Westgaard
Members Absent: None
Staff Present: Scott Harlicker, Senior Planner; Chris Leeseberg, Planner; Debbie Huebner,
Recording Secretary
1. Call Meeting To Order
Pursuant to due call and notice thereof, the Special Meeting of the Elk River Planning
Commission was called to order at 6:30 p.m. by Chair Lemke.
2. Consider Additional Information for the Preliminary Plat Request by Joseph Huber for
Carverwood Hills
Senior Planner Scott Harlicker explained that the Planning Commission denied this request
on March 14, 2006 due to lack of information to address future road accesses. The applicant
has requested that his request be postponed to the April 17 City Council meeting, in order
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to present additional information to the Planning Commission. Mr. Harlicker reviewed the
plat layout, proposed roads and future connections.
Dave Schwarting, representative for the applicant – Reviewed possible future road
collector and major corridors for the larger area surrounding the subject property.
Commissioner Stevens asked if the soils would support the road connection to the north.
Mr. Schwarting stated that the access abuts a ditch crossing and that poor soils were a major
issue in finding a location. Commissioner Stevens asked if there would be an expiration date
for the temporary cul-de-sac. Mr. Harlicker stated no, but it would be when a connection is
made either to the north or the south.
Commissioner Westgaard asked if a permanent cul-de-sac could be created. Mr. Harlicker
stated it is possible, and that in the past the City has allowed this where no future road
connection is possible, in order to keep from preventing a landowner from developing their
land. Commissioner Westgaard asked how many homes would potentially be on the cul-de-
sac. Mr. Harlicker stated there is a potential for 8 lots when the area becomes zoned R1a in
2008.
Commissioner Stevens asked if soil borings have been done where the roads are proposed.
Mr. Schwarting stated yes, that they are not the best soils, but it is possible to construct the
roads.
Commissioner Westgaard stated that he felt it was the City’s responsibility to take a look at
the big picture to determine where future roads may be feasible, in order to not create
situations where roads need to be constructed through established neighborhoods.
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March 28, 2006
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Commissioner Stevens stated he had the same concerns. He felt this property should be
combined with adjacent parcels as a cluster development.
Chair Lemke opened the public hearing. There being no public comment, Chair Lemke
closed the public hearing.
Commissioner Scott stated that after reviewing the wetlands, it is clear that density will
remain low and the requirements will not be that high. He did not feel it was a significant
issue if a road could not be constructed to the north.
Commissioner Offerman concurred with Commissioner Scott’s comments. He stated that
he has looked at the site and felt a road connection to the south was possible. Based on the
Comprehensive Plan and future information received tonight, he was in favor of
recommending approval. He stated the City has no authority to force cluster development.
Commissioner Anderson stated that if the north portion of a future road does not happen,
the City could end up with a long cul-de-sac. He felt there could be a different situation in
2008 when the area is opened for 2 ½ acre lots. He felt the request was not good
stewardship of the land and that the applicant should wait until then. He stated he was not
in favor of approval.
Commissioner Ropp stated that the information presented has answered their questions
regarding access to the north and south. Since they cannot see into the future far enough to
find a reason to deny the request, he would be in favor of a recommendation for approval.
Commissioner Offerman stated that Commissioner Anderson’s points were valid and that
the Commission may have to address this issue with other property owners. He stated that
this type of development does not fit with the intent of the Comprehensive Plan to “tier”
development. He questioned how future request will be handled. Commissioner Offerman
stated, however, that he did not feel the City could deny a property owner reasonable use of
his property and that the request conforms to current zoning laws.
Commissioner Scott concurred that the request is valid and falls with what is permitted.
Commissioner Westgaard asked if a similar situation exists for the Blackberry Hills plat. Mr.
Harlicker stated yes.
Chair Lemke stated that he concurred with Commissioner Scott. He felt that if they waited
for the areas north and south of the site to develop, the situation would look the same,
unless a cluster was proposed.
Commissioner Stevens stated that he felt it would be beneficial to combine the property with
adjacent parcels for a cluster development, especially because of the wetlands. He
questioned why the phasing was adopted in the Comprehensive Plan, if developments like
this are going to be allowed. He felt the project would be more sustainable as a cluster.
Chair Lemke thanked Mr. Schwarting for providing the information they requested. Mr.
Schwarting stated that the County did not have the resources to do the type of planning the
City has done, and that he felt the City has taken a good step by adopting the Transportation
Plan.
Planning Commission Minutes
Page 3
March 28, 2006
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MOTION BY COMMISSIONER OFFERMAN, SECONDED BY
COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE
REQUEST BY JOSEPH HUBER FOR PRELMINARY PLAT APPROVAL OF
CARVERWOOD HILLS, CASE NO. P 06-01, WITH THE FOLLOWING
CONDITIONS:
1.A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
OUTLINING THE TERMS AND CONDITIONS OF THE PLAT
APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO
RELEASING THE PLAT FOR RECORDING.
2.A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT
OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS.
3.UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING
THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE
AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE
SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD.
4.SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED
BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
5.SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT
FOR RECORDING.
6.THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE
DEDICATED ON THE PLAT AS REQUIRED BY THE CITY.
7.ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8.ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR
TO COMMENCING WORK ON THE SITE.
9.GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN
BE SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO
THE ISSUANCE OF BUILDING PERMITS.
10.ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
11.STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK
RIVER MUNICIPLAL UTILTIIES.
12. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION.
DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND
AND THE WETLAND MITIGATION AREAS.
13. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND
AND THE WETLAND MITIGATION AREAS.
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March 28, 2006
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14. A THREE YEAR MONITORING REPORT ON THE WETLAND
MITIGATION IS REQUIRED.
15. ALL COMMENTS FROM THE SHERBURNE COUNTY PUBLIC WORKS
DEPARTMENT LETTER DATED 2/22/06 SHALL BE ADDRESSED.
16. PARK DEDICATION FEE IN THE AMOUNT APPLICABLE AT THE
TIME OF FINAL PLAT APPROVAL SHALL BE PAID FOR 4 LOTS PRIOR
TO RELEASING THE PLAT FOR RECORDING. A 10 FOOT WIDE TRAIL
EASEMENT BE GRANTED ALONG COUNTY ROAD 121.
17. A LANDSCAPE PLAN THAT INCLUDES 2 OVERSTORY TREES PER LOT
AND 4 TREES PER CORNER LOT BE PROVIDED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
MOTION CARRIED 5-2. Commissioners Anderson and Stevens opposed.
3. Adjournment
There being no further business, CHAIR LEMKE ADJOURNED THE SPECIAL
MEETING OF THE ELK RIVER PLANNING COMMISSION.
The meeting of the Elk River Planning Commission adjourned at 7:32 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary